Criminalising marital rape in Nigeria

For decades, as far back as when the constitution was written, there has not been provision in the law for the protection of wives whose husbands force to have sexual intimacy. What then is marital rape or spousal rape? In simple terms, this is when a partner forces their spouse to have sex with them.

While the law against rape only covers persons who are unmarried, and situations where the couple involved are unmarried, there is yet to be a law against spouses who forcefully have carnal knowledge of their partners.

Looking critically at the current situation vis a vis a clamour to amend the constitution to protect parties in marriage who may not consent to sex, realistically speaking, how feasible is this?

It is no mere assumption that it is women who are mostly the victim of spousal rape. Ironically, while the average Nigerian woman might seek justice and protection from her sexually “abusive” husband, she would rather protect him or the marriage. Why? Marriage means so much to the Nigerian woman and the society has molded the mindset of the growing African woman to honour marriage, sometimes to unreasonable degrees.

Women, being the ones at the receiving end must hold with contempt the unjust provision of Nigerian law but before they do that, the question still stands: are the Nigerian women prepared for this level of law? Isn’t the omission of spousal rape as a criminal offence part of the measures that hold the traditional fabric of our society together? It is easy to crave a protection by the law, but have the women protected themselves? The consequences, therefore, must be adequately weighed.

Efe Ronald Chesterfield, Oyo State.

 

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